Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False complaint by wife - Nothing produced by husband to show that complaint by wife was a false complaint - Without any documentary proof, it cannot be said that complaint by wife was a false one...........
Prevention of Corruption Act, 1988, Section 20 -- Illegal gratification - Presumption - Burden of proof placed upon accused against whom presumption is made u/s 20 of Act is not akin to that of burden placed upon prosecution to prove the case beyond a reasonable doubt...........
Evidence Act, 1872, Section 74, 78 -- Gazette notification - Proof - Gazette notification, in the nature of public document, can be proved by mere tender of certified copy thereof - If certified copy is found to be incomplete, presumption of genuineness attached to government notifications, could not be ignored - Rather, Court can call for complete and correct copy of..........
Hindu Marriage Act, 1955, Section 5(i), 11 -- Annulment of marriage - Wife suppressed the factum of her earlier two marriages which were subsisting at the time when she married to respondent husband - Neither wife nor her mother denied the factum of earlier marriages - Plea of wife that she was minor at the time of earlier marriages rejected as she does not have any..........
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 45 -- Maintenance proceedings - DNA test - Dispute as to legitimacy - Husband disputing his liability to pay maintenance to wife and his son by saying that son is not born to him and even respondent wife is not his wife - Wife seeking DNA test to substantiate as a solid proof on the truth of dispute of..........
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 45 -- Maintenance proceedings - DNA test - Dispute as to legitimacy - Husband disputing his liability to pay maintenance to wife and his son by saying that son is not born to him and even respondent wife is not his wife - Wife seeking DNA test to substantiate as a solid proof on the truth of dispute of..........
Will -- Proof of - Execution of Will and capacity of testator to execute Will when not disputed then Will can be taken to be proved, particularly in a civil suit...........
Will -- Proof - Will executed voluntarily knowing contents thereof and only after reading the same it was signed and witnesses also signed in presence of each other and in presence of testator who signed in their presence - Will was registered - Scribe and witnesses have deposed that Will was executed by testator in sound disposing state of mind - Nothing on record to..........
Civil Procedure Code, 1908, Order 21, Rule 1, 2 -- Execution - Payment of decretal amount - Issuance of receipt - Proof of - Merely because handwriting and fingerprint expert had been produced by JD in addition to his witnesses, it cannot be said that receipt in question stood proved particularly when they did not remember the correct date of execution of receipt -..........
Will -- Proof of - Attesting witnesses must subscribe with the intention that the subscription made should be complete attestation of Will and evidence is admissible to show whether the witness had the intention to attest...........
